The URL can be used to link to this page

Home My WebLink About15036_ConAgra_LURUModel_20170918NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made: 2018 Name: Con-Agra Project #: 15036-11-092 Address: 4851 & 4857 Jones Sausage Road County: Wake Property Owner (In part or whole): ____________________________ Read the following LURs and mark each restriction accordingly. Additional remarks may be added for compliance status clarification. Attach any required or supplemental documentation, sign, notarize and submit to the following address: NC Division of Waste Management Attn: Brownfields Program Staff 1646 Mail Service Center Raleigh, NC 27699-1646 No portion of the Property may be used for single-family residential homes. No use may be made of Areas C and D as depicted on the plat component of the Notice of Brownfields Property (“Notice”) other than for industrial and commercial uses and associated parking areas and open space uses, except as otherwise provided in LUR 11, 12, and 13 below. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Surface water at the Brownfields Property may not be used for any purpose without the prior written approval of the Department of Environmental Quality (“DEQ”). ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Groundwater at the Brownfields Property may not be used for any purpose without the prior written approval of DEQ and only after a showing to DEQ that any other required approvals contained in the Declaration of Covenants and Easements recorded at Book 14572 Page 2729 in the Wake County Register of Deeds' office have been obtained. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Physical redevelopment of the Brownfields Property other than demolition of existing structures and work performed by or on behalf of ConAgra in connection with remediation of the Brownfields Property, may not occur other than in accord, as determined by DEQ, with a redevelopment master plan approved in writing by DEQ in advance (and revised to DEQ's written satisfaction prior to each subsequent development phase) that is consistent with all the other LURs contained herein and describes planned redevelopment activities at the Brownfields Property, the timing of redevelopment phases, and plans for addressing health, safety and environmental issues that may arise from use of previously unused or vacant tracts or buildings, construction, or redevelopment in any other form, including without limitation: soil and water management issues, including without limitation those resulting from contamination identified in the Environmental Reports and those relating to proposed soil disturbances; and issues related to potential sources of contamination referenced in the Notice's Exhibit A, subparagraphs 9.a. and b. Prior to any redevelopment of the Brownfields Property that does not comport with the applicable DEQ-approved redevelopment master plan, the then-current owner shall submit to DEQ and obtain DEQ's written approval of a revised redevelopment master plan that complies with the requirements of this LUR. If any of the proposed changes would require a change to the Notice, the owner shall comply with the provisions of N.C.G.S. § 130A-310.35(e). ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Within 90 days after each one-year anniversary of the effective date of the Notice for as long as physical redevelopment of the Brownfields Property continues (except that the final deadline shall fall 90 days after the conclusion of physical redevelopment), the then owner of the Brownfields Property shall provide DEQ a report subject to written DEQ approval on all environment-related activities since the last report, with a summary and drawings, that describes: actions taken in accordance with the plan required by LUR 4 above; soil grading and cut and fill actions; methodology(ies) employed for field screening, sampling and laboratory analysis of environmental media; stockpiling, handling, laboratory analysis and ultimate disposition of any soil or other materials suspected or confirmed to be contaminated with hazardous substances; and removal of any soil from the Brownfields Property (copies of all legally required manifests shall be included). ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No building or basement may be constructed within Areas C and D and no building depicted on the plat component of the Notice may be occupied until: DEQ determines in writing, based on submittals from the building's proponent, that the building's users, and public health and the environment, would not be at risk from the Brownfields Property's volatile contaminant plume; or vapor mitigation measures approved in writing by DEQ in advance are installed to the satisfaction of a professional engineer licensed in North Carolina, as evidenced by said engineer's seal on a report that includes photographs and a description of the installation and performance of said measures. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Soil within Areas C and D may not be disturbed unless and until DEQ states in writing, in advance of the proposed disturbance, that the disturbance may proceed, if carried out along with any measures DEQ deems necessary in connection with the proposed disturbance to avoid rendering Areas C and D unsuitable for the uses specified in LUR 1 above or public health or the environment less than fully protected. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No mining may be conducted on or under the Brownfields Property, including, without limitation, extraction of coal, oil, gas or any other minerals or non-mineral substances without the prior written approval of DEQ. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ None of the contaminants known to be present in the environmental media at the Brownfields Property, including those appearing in Exhibit 2 of the Brownfields Agreement, may be used or stored at the Brownfields Property without the prior written approval of DEQ, except in de minimis amounts for cleaning and other routine housekeeping activities. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Except for removal of timber present on the Brownfields Property as of the effective date of the Notice, the Brownfields Property may not be used for agriculture, grazing, timbering or timber production without the prior written approval of DEQ. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Areas C and D may not be used as a park or for sports of any kind, including, but not limited to, golf, football, soccer and baseball, without the prior written approval of DEQ. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Areas C and D may not be used as a playground, or for child care centers or schools, without the prior written approval of DEQ. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Areas C and D may not be used for kennels, private animal pens or horse-riding without the prior written approval of DEQ. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The owner of any portion of the Brownfields Property where any existing, or subsequently installed, DEQ-approved monitoring well is damaged shall be responsible for repair of any such wells to DEQ's written satisfaction and within a time period acceptable to DEQ. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Neither DEQ, nor any party conducting environmental assessment or remediation at the Brownfields Property at the direction of, or pursuant to a permit, order or agreement issued or entered into by DEQ, may be denied access to the Brownfields Property for purposes of conducting such assessment or remediation, which is to be conducted using reasonable efforts to minimize interference with authorized uses of the Brownfields Property. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ During January of each year after the year in which the Notice is recorded, the owner of any part of the Brownfields Property as of January 1st of that year shall submit a notarized Land Use Restrictions Update ("LURU") to DEQ, and to the chief public health and environmental officials of Wake County, certifying that, as of said January 1st the Notice of Brownfields Property containing these land use restrictions remains recorded at the Wake County Register of Deeds office and the LURs are being complied with, and stating: the name, mailing address, telephone and facsimile numbers, and contact person's e-mail address of the owner submitting the LURU if said owner acquired any part of the Brownfields Property during the previous calendar year. ______________________________________________________________ the transferee's name, mailing address, telephone and facsimile numbers, and contact person's e-mail address, if said owner transferred any part of the Brownfields Property during the previous calendar year. ______________________________________________________________ whether any vapor mitigation measures installed pursuant to LUR 6.b. above are performing as designed, and whether the uses of the ground floors of any buildings containing such measures have changed, and, if so, how. ______________________________________________________________ Alternatively, a property owners' association or other entity may perform this land use restriction's duties, on behalf of some or all owners of the Brownfields Property, if said association or entity has accepted responsibility for such performance pursuant to a notarized instrument satisfactory to DEQ that includes, at a minimum, the name, mailing address, telephone and facsimile numbers, and e-mail address of each owner on whose behalf the LURU is proposed to be submitted. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Notarized signing and submittal of this Land Use Restrictions Update constitutes certification that the Notice of Brownfields Property remains recorded at the Wake County Register of Deeds office and that the Land Use Restrictions are being complied with. This Land Use Restrictions Update is certified by _____________, owner of at least part of the Brownfields Property on this ___ day of _________, 20__. Name typed or printed of party making certification: __________________ [Note: additional entities or owners may be added if appropriate (i.e. multiple managing members/entities)] By: __________________________ (signature) Name typed or printed: __________________ Title typed or printed: ___________________ NORTH CAROLINA __________ COUNTY I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: ______________________. Date: ____________ ___________________________________ Official Signature of Notary ____________________________________ Notary’s printed or typed name, Notary Public (Official Seal) My commission expires: _________________